A coalition of conservative legal organizations has called for a Senate Judiciary Committee investigation into Supreme Court Justice Elena Kagan, alleging her impartiality is compromised in an upcoming major climate change case. The groups contend Kagan failed to recuse herself from the case, Suncor Energy v. Boulder County, due to her previous endorsement of a manual containing a now-removed chapter on climate science.
In a letter sent to Senate Judiciary Committee leaders, the coalition argued that Kagan's foreword to the Reference Manual on Scientific Evidence, which encouraged judges to use the manual for evaluating scientific evidence in climate change lawsuits, created the appearance of bias. The manual's climate science chapter, which promoted theories relied upon by local governments suing oil and gas companies, was later criticized by Republican lawmakers and attorneys general and subsequently removed from the version distributed to federal judges.
"Justice Kagan's conflicts of interest on climate litigation preclude her from serving as the 'neutral arbiter' required by her oath," stated Judicial Crisis Network President Carrie Severino. "By endorsing and penning a promotional preface for a judges' reference manual featuring an overtly biased 'climate science' chapter, she embraced the partisan ideals and legal theories driving state and local climate lawfare."
The case, Suncor Energy v. Boulder County, questions whether local governments in Colorado can hold oil and gas companies financially liable for their alleged contributions to climate change. The coalition asserts that Kagan's prior involvement with the manual demonstrates she cannot remain impartial in this specific litigation and must recuse herself.
The letter also cited instances where Kagan participated in cases despite prior executive branch involvement, including NFIB v. Sebelius concerning the Affordable Care Act and American Tradition Partnership v. Bullock relating to Citizens United. It also noted United States v. Briones, where the Supreme Court later acknowledged she should have recused herself.
The Senate Judiciary Committee has recently scrutinized Supreme Court ethics, investigating concerns involving Justices Clarence Thomas and Samuel Alito in 2023 and 2024 regarding undisclosed gifts and travel. The coalition is requesting similar hearings and an investigation into whether Kagan adhered to federal ethics law and the Supreme Court's code of conduct.
Justice Kagan is scheduled to appear before the House Appropriations Committee alongside Justice Amy Coney Barrett to testify on the Supreme Court's budget proposal, one of the rare public testimonies by justices before Congress. The Supreme Court's Public Information Office did not immediately respond to requests for comment.